NRS 1.010 Courts
of justice. [Effective through December 31, 2014, and after that date unless
the provisions of Senate Joint Resolution No. 14 (2011) are approved and
ratified by the voters at the 2014 General Election.]

NRS 1.010 Courts
of justice. [Effective January 1, 2015, if the provisions of Senate Joint
Resolution No. 14 (2011) are approved and ratified by the voters at the 2014
General Election.]

NRS 1.020 Courts
of record. [Effective through December 31, 2014, and after that date unless the
provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified
by the voters at the 2014 General Election.]

NRS 1.020 Courts
of record. [Effective January 1, 2015, if the provisions of Senate Joint
Resolution No. 14 (2011) are approved and ratified by the voters at the 2014
General Election.]

NRS 1.113 Acceptance
of credit card or debit card for payment of money owed to court; payment of fee
for use of credit card or debit card.

NRS 1.115 Recycling
of paper and paper products used by courts; waiver of requirement; procedure
for disposition; recycling of other waste materials on premises of court
buildings; deposit of resulting revenue. [Effective through December 31, 2014,
and after that date unless the provisions of Senate Joint Resolution No. 14
(2011) are approved and ratified by the voters at the 2014 General Election.]

NRS 1.115 Recycling
of paper and paper products used by courts; waiver of requirement; procedure
for disposition; recycling of other waste materials on premises of court
buildings; deposit of resulting revenue. [Effective January 1, 2015, if the
provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified
by the voters at the 2014 General Election.]

NRS 1.140 Courts
required to have seals. [Effective through December 31, 2014, and after that
date unless the provisions of Senate Joint Resolution No. 14 (2011) are
approved and ratified by the voters at the 2014 General Election.]

NRS 1.140 Courts
required to have seals. [Effective January 1, 2015, if the provisions of Senate
Joint Resolution No. 14 (2011) are approved and ratified by the voters at the
2014 General Election.]

NRS 1.225 Grounds
and procedure for disqualifying Supreme Court justices. [Effective through
December 31, 2014, and after that date unless the provisions of Senate Joint
Resolution No. 14 (2011) are approved and ratified by the voters at the 2014
General Election.]

NRS 1.225 Grounds
and procedure for disqualifying Supreme Court justices and judges of the Court
of Appeals. [Effective January 1, 2015, if the provisions of Senate Joint
Resolution No. 14 (2011) are approved and ratified by the voters at the 2014
General Election.]

NRS 1.235 Procedure
for disqualifying judges other than Supreme Court justices. [Effective through
December 31, 2014, and after that date unless the provisions of Senate Joint Resolution
No. 14 (2011) are approved and ratified by the voters at the 2014 General
Election.]

NRS 1.235 Procedure
for disqualifying judges other than Supreme Court justices or judges of the Court
of Appeals. [Effective January 1, 2015, if the provisions of Senate Joint
Resolution No. 14 (2011) are approved and ratified by the voters at the 2014
General Election.]

NRS 1.250 Subsequent
application for order refused or granted conditionally; contempt and vacation
of order.

NRS 1.365 Claims
which must be submitted to and processed by Executive Officer of Public
Employees’ Retirement Board or Court Administrator. [Effective through December
31, 2014, and after that date unless the provisions of Senate Joint Resolution
No. 14 (2011) are approved and ratified by the voters at the 2014 General
Election.]

NRS 1.365 Claims
which must be submitted to and processed by Executive Officer of Public
Employees’ Retirement Board or Court Administrator. [Effective January 1, 2015,
if the provisions of Senate Joint Resolution No. 14 (2011) are approved and
ratified by the voters at the 2014 General Election.]

NRS 1.428 “Judge”
defined. [Effective through December 31, 2014, and after that date unless the
provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified
by the voters at the 2014 General Election.]

NRS 1.428 “Judge”
defined. [Effective January 1, 2015, if the provisions of Senate Joint
Resolution No. 14 (2011) are approved and ratified by the voters at the 2014
General Election.]

NRS 1.4675 Circumstances
under which a judge may be suspended with or without pay; hearing; appeal.
[Effective through December 31, 2014, and after that date unless the provisions
of Senate Joint Resolution No. 14 (2011) are approved and ratified by the
voters at the 2014 General Election.]

NRS 1.4675 Circumstances
under which a judge may be suspended with or without pay; hearing; appeal.
[Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14
(2011) are approved and ratified by the voters at the 2014 General Election.]

NRS 1.510 Regulations
establishing program of certification of interpreters and criteria and
procedures for appointment of alternate court interpreters; grounds for
disciplinary action; order of preference for appointment. [Effective until the
date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]

NRS 1.510 Regulations
establishing program of certification of interpreters and criteria and
procedures for appointment of alternate court interpreters; grounds for
disciplinary action; order of preference for appointment. [Effective on the
date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]

NRS 1.520 Regulations
to carry out program of certification of interpreters and establish criteria
and procedures for appointment of alternate court interpreters; imposition of
fees or fines.

NRS 1.550 Statement
concerning obligation for child support required for issuance or renewal of
certificate. [Effective until the date of the repeal of 42 U.S.C. § 666, the
federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and recreational
licenses for child support arrearages and for noncompliance with certain
processes relating to paternity or child support proceedings.]

NRS 1.560 Suspension
of certificate; reinstatement of suspended certificate. [Effective until the
date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]

NRS 1.570 Renewal
of certificate: Application to include information relating to state business
license; denial of renewal for unpaid debt assigned to State Controller for
collection. [Effective January 1, 2014.]

_________

_________

GENERAL PROVISIONS

NRS 1.010Courts of justice. [Effective through December 31, 2014, and
after that date unless the provisions of Senate Joint Resolution No. 14 (2011)
are approved and ratified by the voters at the 2014 General Election.]The following shall be the courts of justice
for this State:

1. The Supreme Court.

2. The district courts.

3. Justice courts.

4. Such municipal courts as may from time
to time be established by the Legislature in incorporated cities or towns.

[1:19:1865; B § 910; BH § 2425; C § 2508; RL § 4828;
NCL § 8370]

NRS 1.010Courts of justice.
[Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14
(2011) are approved and ratified by the voters at the 2014 General Election.]The following shall be the courts of justice
for this State:

1. The Supreme Court.

2. The Court of Appeals.

3. The district courts.

4. Justice courts.

5. Such municipal courts as may from time
to time be established by the Legislature in incorporated cities or towns.

NRS 1.020Courts of record. [Effective through December 31, 2014, and
after that date unless the provisions of Senate Joint Resolution No. 14 (2011)
are approved and ratified by the voters at the 2014 General Election.]The following courts are courts of record:

NRS 1.020Courts of record.
[Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14
(2011) are approved and ratified by the voters at the 2014 General Election.]The following courts are courts of record:

NRS 1.030Application of common law in courts.The
common law of England, so far as it is not repugnant to or in conflict with the
Constitution and laws of the United States, or the Constitution and laws of
this State, shall be the rule of decision in all the courts of this State.

[1911 CPA § 532; RL § 5474; NCL § 9021]

NRS 1.040Written proceedings to be in English language; abbreviations and
figures.Every written proceeding
in a court of justice in this State, or before a judicial officer, shall be in
the English language; but such abbreviations as are now commonly used in that
language may be used, and numbers may be expressed by figures or numerals, in
the customary manner.

[65:19:1865; B § 970; BH § 2484; C § 2565; RL § 4885;
NCL § 8427]

NRS 1.050Places of holding court; stipulations of parties.

1. Except as otherwise provided in NRS 3.100, the District Court in and for
Carson City shall sit at Carson City.

2. Except as provided in subsection 4 or NRS 3.100, every other court of justice,
except justice or municipal court, shall sit at the county seat of the county
in which it is held.

3. Justice courts shall be held in their
respective townships, precincts or cities, and municipal courts in their
respective cities.

4. The parties to an action in a district
court may stipulate, with the approval of the court, that the action may be
tried, or any proceeding related to the action may be had, before that court at
any other place in this State where a district court is regularly held.

NRS 1.055Telephone number of judge to be published in telephone
directory.A judge of any court of
justice for this State shall cause the telephone number of his or her office
that is located within the court to be published in the telephone directory
that is provided to the public in the jurisdiction in which the court is
located.

NRS 1.060Adjournment on absence of judge.If
no judge attends on the day appointed, or to which court may have been
adjourned before 12 m., the sheriff or clerk shall adjourn the court until the
next day at 10 a.m., and if no judge attends on that day before 12 m., the
sheriff or clerk shall adjourn the court until the following day at the same
hour; and so on, from day to day unless the judge, while in or out of the
State, by letter or telegram, orders it to be adjourned to some day certain,
fixed in the order, in which case it shall be so adjourned.

NRS 1.070Places of holding court may be changed.A
judge authorized to hold or preside at a court appointed to be held in a city,
precinct or town, may, by an order filed with the county clerk and published as
he or she may prescribe, direct that the court be held or continued at any
other place in the city or county than that appointed, when war, pestilence, or
other public calamity, or the dangers thereof, or the destruction of the
building appointed for holding the court, may render it necessary; and may, in
the same manner, revoke the order and, in his or her discretion, appoint
another place in the same city or county for holding the court.

[53:19:1865; B § 958; BH § 2472; C § 2553; RL § 4873;
NCL § 8415]

NRS 1.080Parties to appear at place appointed.When
the court is held at a place appointed as provided in NRS
1.070, every person held to appear at the court shall appear at the place
so appointed.

[54:19:1865; B § 959; BH § 2473; C § 2554; RL § 4874;
NCL § 8416]

NRS 1.090Public sittings.The
sitting of every court of justice shall be public except as otherwise provided
by law; but the judge of any court may exclude any minor during any criminal
trial therein except such minor be on trial, or when testifying as a witness,
or when the minor shall be a law student preparing to apply for a license to
practice law.

[42:19:1865; A 1927, 138; NCL § 8404]

NRS 1.100Courts, judges and clerks may administer oaths.Every court of this state and every justice,
judge or clerk of any court shall have power to administer oaths or
affirmations.

[Part 1911 CPA § 541; RL § 5483; NCL § 9030]

NRS 1.113Acceptance of credit card or debit card for payment of money
owed to court; payment of fee for use of credit card or debit card.

1. A court in this State may enter into
contracts with issuers of credit cards or debit cards to provide for the
acceptance of credit cards or debit cards by the court for the payment of money
owed to the court for a fee, fine, administrative assessment, restitution or
any other charge owed to the court.

2. If the issuer charges the court a fee
for each use of a credit card or debit card, the court may require the
cardholder to pay a convenience fee. The total convenience fees charged by the
court in a fiscal year must not exceed the total amount of fees charged to the
court by the issuer in that fiscal year.

3. As used in this section:

(a) “Cardholder” means the person or organization
named on the face of a credit card or debit card to whom or for whose benefit
the credit card or debit card is issued by an issuer.

(b) “Convenience fee” means a fee paid by a
cardholder to a court for the convenience of using a credit card or debit card
to make a payment to the court.

(c) “Credit card” means any instrument or device,
whether known as a credit card or credit plate, or by any other name, issued
with or without a fee by an issuer for the use of the cardholder in obtaining
money, property, goods, services or anything else of value on credit.

(d) “Debit card” means any instrument or device,
whether known as a debit card or by any other name, issued with or without a
fee by an issuer for the use of the cardholder in depositing, obtaining or
transferring funds.

(e) “Issuer” means a business organization,
financial institution or authorized agent of a business organization or
financial institution that issues a credit card or debit card.

NRS 1.115Recycling of paper and paper products used by courts; waiver of
requirement; procedure for disposition; recycling of other waste materials on
premises of court buildings; deposit of resulting revenue. [Effective through
December 31, 2014, and after that date unless the provisions of Senate Joint
Resolution No. 14 (2011) are approved and ratified by the voters at the 2014
General Election.]

1. Except as otherwise provided in this
section, each court of justice for this State shall recycle or cause to be
recycled the paper and paper products it uses. This subsection does not apply
to confidential documents if there is an additional cost for recycling those
documents.

2. A court of justice may apply for a
waiver from the requirements of subsection 1. For such a waiver, the Supreme
Court must apply to the Interim Finance Committee, a district court or a
justice court must apply to the board of county commissioners of the county in
which it is located and a municipal court must apply to the governing body of
the city in which it is located. A waiver must be granted if it is determined
that the cost to recycle or cause to be recycled the paper and paper products
used by the court is unreasonable and would place an undue burden on the
operations of the court.

3. The Court Administrator shall, after
consulting with the State Department of Conservation and Natural Resources,
prescribe the procedure for the disposition of the paper and paper products to
be recycled. The Court Administrator may prescribe a procedure for the
recycling of other waste materials produced on the premises of the court
building.

4. Any money received by a court of
justice for recycling or causing to be recycled the paper and paper products it
uses must be paid by the clerk of that court to the State Treasurer for credit
to the State General Fund.

5. As used in this section:

(a) “Paper” includes newspaper, high-grade office
paper, fine paper, bond paper, offset paper, xerographic paper, mimeo paper,
duplicator paper and any other cellulosic material which contains not more than
10 percent by weight or volume of a noncellulosic material, including, but not
limited to, a laminate, binder, coating and saturant.

(b) “Paper product” means any paper article or
commodity, including, but not limited to, paper napkins, towels, cardboard,
construction material, paper and any other cellulosic material which contains
not more than 10 percent by weight or volume of a noncellulosic material,
including, but not limited to, a laminate, binder, coating and saturant.

NRS 1.115Recycling of paper and
paper products used by courts; waiver of requirement; procedure for
disposition; recycling of other waste materials on premises of court buildings;
deposit of resulting revenue. [Effective January 1, 2015, if the provisions of
Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters
at the 2014 General Election.]

1. Except as otherwise provided in this
section, each court of justice for this State shall recycle or cause to be
recycled the paper and paper products it uses. This subsection does not apply
to confidential documents if there is an additional cost for recycling those
documents.

2. A court of justice may apply for a
waiver from the requirements of subsection 1. For such a waiver, the Supreme
Court or the Court of Appeals must apply to the Interim Finance Committee, a
district court or a justice court must apply to the board of county
commissioners of the county in which it is located and a municipal court must
apply to the governing body of the city in which it is located. A waiver must
be granted if it is determined that the cost to recycle or cause to be recycled
the paper and paper products used by the court is unreasonable and would place
an undue burden on the operations of the court.

3. The Court Administrator shall, after
consulting with the State Department of Conservation and Natural Resources,
prescribe the procedure for the disposition of the paper and paper products to
be recycled. The Court Administrator may prescribe a procedure for the
recycling of other waste materials produced on the premises of the court
building.

4. Any money received by a court of
justice for recycling or causing to be recycled the paper and paper products it
uses must be paid by the clerk of that court to the State Treasurer for credit
to the State General Fund.

5. As used in this section:

(a) “Paper” includes newspaper, high-grade office
paper, fine paper, bond paper, offset paper, xerographic paper, mimeo paper,
duplicator paper and any other cellulosic material which contains not more than
10 percent by weight or volume of a noncellulosic material, including, but not
limited to, a laminate, binder, coating and saturant.

(b) “Paper product” means any paper article or
commodity, including, but not limited to, paper napkins, towels, cardboard,
construction material, paper and any other cellulosic material which contains
not more than 10 percent by weight or volume of a noncellulosic material,
including, but not limited to, a laminate, binder, coating and saturant.

(Added to NRS by 1991, 905; A 1999, 3181; 2013, 1709,
effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14
(2011) are approved and ratified by the voters at the 2014 General Election)

NRS 1.120Judicial days.The
courts of justice may be held, and judicial business may be transacted, on any
day except as provided in NRS 1.130.

[49:19:1865; B § 954; BH § 2468; C § 2549; RL § 4869;
NCL § 8411]

NRS 1.130Nonjudicial days; transaction of judicial business.

1. No court except a justice court or a
municipal court shall be opened nor shall any judicial business be transacted
except by a justice court or municipal court on Sunday, or on any day declared
to be a legal holiday according to the provisions of NRS 236.015, except for the following
purposes:

(a) To give, upon their request, instructions to
a jury then deliberating on their verdict.

(b) To receive a verdict or discharge a jury.

(c) For the exercise of the power of a magistrate
in a criminal action or in a proceeding of a criminal nature.

(d) To receive communications by telephone and
for the issuance of a temporary order pursuant to subsection 5 of NRS 33.020.

(e) For the issue of a writ of attachment, which
may be issued on each and all of the days above enumerated upon the plaintiff,
or some person on behalf of the plaintiff, setting forth in the affidavit
required by law for obtaining the writ the additional averment as follows:

That the affiant has good
reason to believe, and does believe, that it will be too late for the purpose of
acquiring a lien by the writ to wait until subsequent day for the issuance of
the same.

All proceedings instituted, and all writs issued, and all
official acts done on any of the days above specified, under and by virtue of
this section, shall have all the validity, force and effect of proceedings
commenced on other days, whether a lien be obtained or a levy made under and by
virtue of the writ.

NRS 1.140Courts required to have seals. [Effective through December 31,
2014, and after that date unless the provisions of Senate Joint Resolution No.
14 (2011) are approved and ratified by the voters at the 2014 General
Election.]The Supreme Court, the
district courts, the justice courts and those municipal courts designated as
courts of record pursuant to NRS 5.010
shall have a seal.

NRS 1.140Courts required to have
seals. [Effective January 1, 2015, if the provisions of Senate Joint Resolution
No. 14 (2011) are approved and ratified by the voters at the 2014 General
Election.]The Supreme Court, the
Court of Appeals, the district courts, the justice courts and those municipal
courts designated as courts of record pursuant to NRS 5.010 shall have a seal.

NRS 1.150Clerk of district court to procure seal; form of seal.The several district courts for which separate
seals have not been provided heretofore, or the respective judges thereof, by
an order in writing filed with the respective clerks of such courts, shall
direct such clerks to procure such seals, which seals shall have the following
inscriptions surrounding the same. “District Court, ........................
District, County of ........................ (or Carson City),” inserting the
number of the district and the name of the county. Any such order that may have
been made by any judge of a district court shall have the same effect as if it
had been made in open court.

NRS 1.180Documents to which seal affixed.The
seal of the court need not be affixed to any proceedings therein except:

1. To a summons, writ or commission to
take testimony.

2. To the proof of a will, or the
appointment of an executor, administrator or guardian.

3. To the authentication of a copy of a
record or other proceeding of the court or an officer thereof.

4. To certificate of acknowledgment and
all final process.

[59:19:1865; B § 964; BH § 2478; C § 2559; RL § 4879;
NCL § 8421]

NRS 1.190Impression or electronic reproduction of seal.

1. The seal of a court may be affixed by:

(a) Impressing the seal on a document or on a
substance attached to a document and capable of receiving the impression; or

(b) Electronically reproducing the seal on a
document in accordance with the provisions of subsection 2.

2. Each court that uses an electronically
reproduced seal shall reproduce the seal of the court in accordance with:

(a) Any electronic filing rules adopted by the
Supreme Court that govern the electronic filing process in all the courts of
this State;

(b) Any rules adopted by the Supreme Court which
are intended to help safeguard a document from being changed after the
electronic seal is affixed and to reduce the likelihood of the electronic seal
being reproduced without authorization; and

(c) Any local rules of practice adopted by the
court which establish the specific procedure to implement the electronic
reproduction of the seal and which are consistent with any electronic filing
rules adopted by the Supreme Court and any rules adopted by the Supreme Court
pursuant to paragraph (b).

3. A seal that is electronically
reproduced pursuant to subsection 1 has the same legal effect as a seal that is
impressed pursuant to subsection 1.

1. The court having acquired jurisdiction
of an action shall not lose such jurisdiction by reason of any subsequent
amendment or repeal of the law under which such jurisdiction was acquired
unless such amendment or repealing act shall expressly provide that such
jurisdiction is terminated, and such action shall proceed to final
determination the same as though there had been no such amendment or repeal.

2. Nothing in this section shall be deemed
to apply to amendments or repeals affecting mere matters of procedure.

2. To enforce order in the proceedings
before it, or before a person or persons empowered to conduct a judicial
investigation under its authority.

3. To compel obedience to its lawful
judgments, orders and process, and to the lawful orders of its judge out of court
in an action or proceeding pending therein.

4. To control, in furtherance of justice,
the conduct of its ministerial officers.

[44:19:1865; B § 949; BH § 2463; C § 2544; RL § 4864;
NCL § 8406]

NRS 1.225Grounds and procedure for disqualifying Supreme Court justices.
[Effective through December 31, 2014, and after that date unless the provisions
of Senate Joint Resolution No. 14 (2011) are approved and ratified by the
voters at the 2014 General Election.]

1. A justice of the Supreme Court shall not
act as such in an action or proceeding when the justice entertains actual bias
or prejudice for or against one of the parties to the action.

2. A justice of the Supreme Court shall
not act as such in an action or proceeding when implied bias exists in any of
the following respects:

(a) When the justice is a party to or interested
in the action or proceeding.

(b) When the justice is related to either party
by consanguinity or affinity within the third degree.

(c) When the justice has been attorney or counsel
for either of the parties in the particular action or proceeding before the
court.

(d) When the justice is related to an attorney or
counselor for either of the parties by consanguinity or affinity within the
third degree.

3. A justice of the Supreme Court, upon
the justice’s own motion, may disqualify himself or herself from acting in any
matter upon the ground of actual or implied bias.

4. Any party to an action or proceeding
seeking to disqualify a justice of the Supreme Court for actual or implied bias
shall file a charge in writing, specifying the facts upon which such
disqualification is sought. Hearing on such charge shall be had before the
other justices of the Supreme Court.

5. Upon the disqualification of a justice
of the Supreme Court pursuant to this section, a district judge shall be
designated to sit in place of the justice as provided in Section 4 of Article 6 of the
Constitution of the State of Nevada.

6. No person shall be punished for
contempt for making, filing or presenting a charge for disqualification
pursuant to subsection 4.

(Added to NRS by 1957, 521)

NRS 1.225Grounds and procedure for
disqualifying Supreme Court justices and judges of the Court of Appeals.
[Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14
(2011) are approved and ratified by the voters at the 2014 General Election.]

1. A justice of the Supreme Court or a
judge of the Court of Appeals shall not act as such in an action or proceeding
when the justice or the judge entertains actual bias or prejudice for or
against one of the parties to the action.

2. A justice of the Supreme Court or a
judge of the Court of Appeals shall not act as such in an action or proceeding
when implied bias exists in any of the following respects:

(a) When the justice or the judge is a party to
or interested in the action or proceeding.

(b) When the justice or the judge is related to
either party by consanguinity or affinity within the third degree.

(c) When the justice or the judge has been
attorney or counsel for either of the parties in the particular action or
proceeding before the court.

(d) When the justice or the judge is related to
an attorney or counselor for either of the parties by consanguinity or affinity
within the third degree.

3. A justice of the Supreme Court or a
judge of the Court of Appeals, upon his or her own motion, may disqualify
himself or herself from acting in any matter upon the ground of actual or implied
bias.

4. Any party to an action or proceeding
seeking to disqualify a justice of the Supreme Court or a judge of the Court of
Appeals for actual or implied bias shall file a charge in writing, specifying
the facts upon which such disqualification is sought. Hearing on such charge
shall be had before the other justices of the Supreme Court or, if the charge
concerns a judge of the Court of Appeals, the justices of the Supreme Court.

5. Upon the disqualification of:

(a) A justice of the Supreme Court pursuant to
this section, a judge of the Court of Appeals or a district judge shall be
designated to sit in place of the justice as provided in Section 4 of Article 6 of the
Constitution of the State of Nevada.

(b) A judge of the Court of Appeals pursuant to
this section, a district judge shall be designated to sit in place of the judge
as provided in Section 4 of Article 6
of the Nevada Constitution.

6. No person shall be punished for
contempt for making, filing or presenting a charge for disqualification
pursuant to subsection 4.

(Added to NRS by 1957, 521; A 2013, 1710,
effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14
(2011) are approved and ratified by the voters at the 2014 General Election)

NRS 1.230Grounds for disqualifying judges other than Supreme Court
justices.

1. A judge shall not act as such in an
action or proceeding when the judge entertains actual bias or prejudice for or
against one of the parties to the action.

2. A judge shall not act as such in an
action or proceeding when implied bias exists in any of the following respects:

(a) When the judge is a party to or interested in
the action or proceeding.

(b) When the judge is related to either party by
consanguinity or affinity within the third degree.

(c) When the judge has been attorney or counsel
for either of the parties in the particular action or proceeding before the
court.

(d) When the judge is related to an attorney or
counselor for either of the parties by consanguinity or affinity within the
third degree. This paragraph does not apply to the presentation of ex parte or
uncontested matters, except in fixing fees for an attorney so related to the
judge.

3. A judge, upon the judge’s own motion,
may disqualify himself or herself from acting in any matter upon the ground of
actual or implied bias.

4. A judge or court shall not punish for
contempt any person who proceeds under the provisions of this chapter for a
change of judge in a case.

5. This section does not apply to the
arrangement of the calendar or the regulation of the order of business.

NRS 1.235Procedure for disqualifying judges other than Supreme Court
justices. [Effective through December 31, 2014, and after that date unless the
provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified
by the voters at the 2014 General Election.]

1. Any party to an action or proceeding
pending in any court other than the Supreme Court, who seeks to disqualify a
judge for actual or implied bias or prejudice must file an affidavit specifying
the facts upon which the disqualification is sought. The affidavit of a party
represented by an attorney must be accompanied by a certificate of the attorney
of record that the affidavit is filed in good faith and not interposed for
delay. Except as otherwise provided in subsections 2 and 3, the affidavit must
be filed:

(a) Not less than 20 days before the date set for
trial or hearing of the case; or

(b) Not less than 3 days before the date set for
the hearing of any pretrial matter.

2. Except as otherwise provided in this
subsection and subsection 3, if a case is not assigned to a judge before the
time required under subsection 1 for filing the affidavit, the affidavit must
be filed:

(a) Within 10 days after the party or the party’s
attorney is notified that the case has been assigned to a judge;

(b) Before the hearing of any pretrial matter; or

(c) Before the jury is empaneled, evidence taken
or any ruling made in the trial or hearing,

Ê whichever
occurs first. If the facts upon which disqualification of the judge is sought
are not known to the party before the party is notified of the assignment of
the judge or before any pretrial hearing is held, the affidavit may be filed
not later than the commencement of the trial or hearing of the case.

3. If a case is reassigned to a new judge
and the time for filing the affidavit under subsection 1 and paragraph (a) of
subsection 2 has expired, the parties have 10 days after notice of the new
assignment within which to file the affidavit, and the trial or hearing of the
case must be rescheduled for a date after the expiration of the 10-day period
unless the parties stipulate to an earlier date.

4. At the time the affidavit is filed, a
copy must be served upon the judge sought to be disqualified. Service must be
made by delivering the copy to the judge personally or by leaving it at the
judge’s chambers with some person of suitable age and discretion employed
therein.

5. The judge against whom an affidavit
alleging bias or prejudice is filed shall proceed no further with the matter
and shall:

(a) Immediately transfer the case to another
department of the court, if there is more than one department of the court in
the district, or request the judge of another district court to preside at the
trial or hearing of the matter; or

(b) File a written answer with the clerk of the
court within 5 judicial days after the affidavit is filed, admitting or denying
any or all of the allegations contained in the affidavit and setting forth any
additional facts which bear on the question of the judge’s disqualification.
The question of the judge’s disqualification must thereupon be heard and
determined by another judge agreed upon by the parties or, if they are unable
to agree, by a judge appointed:

(1) By the presiding judge of the judicial
district in judicial districts having more than one judge, or if the presiding
judge of the judicial district is sought to be disqualified, by the judge
having the greatest number of years of service.

NRS 1.235Procedure for
disqualifying judges other than Supreme Court justices or judges of the Court
of Appeals. [Effective January 1, 2015, if the provisions of Senate Joint
Resolution No. 14 (2011) are approved and ratified by the voters at the 2014
General Election.]

1. Any party to an action or proceeding
pending in any court other than the Supreme Court or the Court of Appeals, who
seeks to disqualify a judge for actual or implied bias or prejudice must file
an affidavit specifying the facts upon which the disqualification is sought.
The affidavit of a party represented by an attorney must be accompanied by a
certificate of the attorney of record that the affidavit is filed in good faith
and not interposed for delay. Except as otherwise provided in subsections 2 and
3, the affidavit must be filed:

(a) Not less than 20 days before the date set for
trial or hearing of the case; or

(b) Not less than 3 days before the date set for
the hearing of any pretrial matter.

2. Except as otherwise provided in this
subsection and subsection 3, if a case is not assigned to a judge before the
time required under subsection 1 for filing the affidavit, the affidavit must
be filed:

(a) Within 10 days after the party or the party’s
attorney is notified that the case has been assigned to a judge;

(b) Before the hearing of any pretrial matter; or

(c) Before the jury is empaneled, evidence taken
or any ruling made in the trial or hearing,

Ê whichever
occurs first. If the facts upon which disqualification of the judge is sought
are not known to the party before the party is notified of the assignment of
the judge or before any pretrial hearing is held, the affidavit may be filed
not later than the commencement of the trial or hearing of the case.

3. If a case is reassigned to a new judge
and the time for filing the affidavit under subsection 1 and paragraph (a) of
subsection 2 has expired, the parties have 10 days after notice of the new
assignment within which to file the affidavit, and the trial or hearing of the
case must be rescheduled for a date after the expiration of the 10-day period
unless the parties stipulate to an earlier date.

4. At the time the affidavit is filed, a
copy must be served upon the judge sought to be disqualified. Service must be
made by delivering the copy to the judge personally or by leaving it at the
judge’s chambers with some person of suitable age and discretion employed
therein.

5. The judge against whom an affidavit
alleging bias or prejudice is filed shall proceed no further with the matter
and shall:

(a) Immediately transfer the case to another
department of the court, if there is more than one department of the court in
the district, or request the judge of another district court to preside at the
trial or hearing of the matter; or

(b) File a written answer with the clerk of the
court within 5 judicial days after the affidavit is filed, admitting or denying
any or all of the allegations contained in the affidavit and setting forth any
additional facts which bear on the question of the judge’s disqualification.
The question of the judge’s disqualification must thereupon be heard and
determined by another judge agreed upon by the parties or, if they are unable
to agree, by a judge appointed:

(1) By the presiding judge of the judicial
district in judicial districts having more than one judge, or if the presiding
judge of the judicial district is sought to be disqualified, by the judge
having the greatest number of years of service.

(2) By the Supreme Court in judicial
districts having only one judge.

(Added to NRS by 1977, 767; A 1979, 59, 393; 1981,
319, 872; 2011,
9; 2013,
1711, effective January 1, 2015, if the provisions of Senate Joint
Resolution No. 14 (2011) are approved and ratified by the voters at the 2014
General Election)

NRS 1.250Subsequent application for order refused or granted
conditionally; contempt and vacation of order.

1. If an application for an order made to
a judge of a court in which the action or proceeding is pending be refused, in
whole or in part, or be granted conditionally, no subsequent application for
the same order shall be made to any other judge except of a higher court.

2. Nothing in this section shall be so
construed as to apply to motions refused for any informality in the papers or
proceedings necessary to obtain an order.

3. A violation of this section may be
punished as a contempt; and an order made contrary thereto may be revoked by
the judge who made it, or vacated by a judge of the court in which the action
or proceeding is pending.

NRS 1.260Vacancy not to affect action.No
action or proceeding in a court of justice shall be affected by a vacancy in
the office of all or any of the judges, or by the failure of a term thereof.

[64:19:1865; B § 969; BH § 2483; C § 2564; RL § 4884;
NCL § 8426]

NRS 1.270No judge or justice of the peace to have partner practicing law.No judge or justice of the peace shall have a
partner acting as attorney or counsel in any court in this State.

[47:19:1865; B § 952; BH § 2466; C § 2547; RL § 4867;
NCL § 8409]

NRS 1.310Adjournment or continuance of action or proceeding during
legislative session if party or attorney is member of Legislature or President
of Senate.

1. If a party to any action or proceeding
in any court or before any administrative body is a member of the Legislature
of the State of Nevada, or is President of the Senate, that fact is sufficient
cause for the adjournment or continuance of the action or proceeding,
including, without limitation, any discovery or other pretrial or posttrial
matter involved in the action or proceeding, for the duration of any
legislative session.

2. If an attorney for a party to any
action or proceeding in any court or before any administrative body, who was
actually employed before the commencement of any legislative session, is a
member of the Legislature of the State of Nevada, or is President of the
Senate, that fact is sufficient cause for the adjournment or continuance of the
action or proceeding, including, without limitation, any discovery or other
pretrial or posttrial matter involved in the action or proceeding, for the
duration of any legislative session.

3. The adjournment or continuance provided
for in subsections 1 and 2 must be granted without the imposition of terms.

NRS 1.320Office created.There
is hereby created the office of Court Administrator.

(Added to NRS by 1971, 1996)

NRS 1.330Appointment; tenure; salary.The
Court Administrator shall:

1. Be appointed by the Supreme Court and
shall serve at the pleasure of the Court.

2. Receive an annual salary set by the
Supreme Court within the limits of legislative appropriations.

(Added to NRS by 1971, 1996; A 1977, 450)

NRS 1.340Assistants: Appointment; compensation.The
Court Administrator, with the approval of the Supreme Court, may appoint and
fix the compensation of such assistants as are necessary to enable the Court
Administrator to perform the duties required by NRS
1.320 to 1.370, inclusive.

NRS 1.350Private law practice prohibited.During
the Court Administrator’s term of office neither the Court Administrator nor
any of his or her assistants may engage directly or indirectly in the private
practice of law.

(Added to NRS by 1971, 1996)

NRS 1.360Duties.Under the
direction of the Supreme Court, the Court Administrator shall:

1. Examine the administrative procedures
employed in the offices of the judges, clerks, court reporters and employees of
all courts of this State and make recommendations, through the Chief Justice,
for the improvement of those procedures;

2. Examine the condition of the dockets of
the courts and determine the need for assistance by any court;

3. Make recommendations to and carry out
the directions of the Chief Justice relating to the assignment of district
judges where district courts are in need of assistance;

4. Develop a uniform system for collecting
and compiling statistics and other data regarding the operation of the State
Court System and transmit that information to the Supreme Court so that proper
action may be taken in respect thereto;

5. Prepare and submit a budget of state
appropriations necessary for the maintenance and operation of the State Court
System and make recommendations in respect thereto;

6. Develop procedures for accounting,
internal auditing, procurement and disbursement for the State Court System;

7. Collect statistical and other data and
make reports relating to the expenditure of all public money for the
maintenance and operation of the State Court System and the offices connected
therewith;

8. Compile statistics from the information
required to be maintained by the clerks of the district courts pursuant to NRS 3.275 regarding criminal and civil
cases and make reports as to the cases filed in the district courts;

9. Formulate and submit to the Supreme
Court recommendations of policies or proposed legislation for the improvement
of the State Court System;

10. On or before January 1 of each year,
submit to the Director of the Legislative Counsel Bureau a written report
compiling the information submitted to the Court Administrator pursuant to NRS 3.243, 4.175 and 5.045 during the immediately preceding
fiscal year;

11. On or before January 1 of each
odd-numbered year, submit to the Director of the Legislative Counsel Bureau a
written report concerning:

(a) The distribution of money deposited in the
special account created pursuant to NRS
176.0613 to assist with funding and establishing specialty court programs;

(b) The current status of any specialty court
programs to which money from the account was allocated since the last report;

(c) Statistics compiled from information required
to be maintained by clerks of the district courts pursuant to NRS 3.275 concerning specialty courts,
including, without limitation, the number of participants in such programs, the
nature of the criminal charges that were filed against participants, the number
of participants who have completed the programs and the disposition of the
cases; and

(d) Such other related information as the Court
Administrator deems appropriate;

12. On or before February 15 of each
odd-numbered year, submit to the Governor and to the Director of the
Legislative Counsel Bureau for transmittal to the next regular session of the
Legislature a written report compiling the information submitted by clerks of
courts to the Court Administrator pursuant to NRS 630.307 and 633.533 which includes only aggregate
information for statistical purposes and excludes any identifying information
related to a particular person; and

13. Attend to such other matters as may be
assigned by the Supreme Court or prescribed by law.

NRS 1.365Claims which must be submitted to and processed by Executive
Officer of Public Employees’ Retirement Board or Court Administrator.
[Effective through December 31, 2014, and after that date unless the provisions
of Senate Joint Resolution No. 14 (2011) are approved and ratified by the
voters at the 2014 General Election.]

1. All of the following claims must be
submitted to the Executive Officer of the Public Employees’ Retirement Board
who shall process the claims:

NRS 1.365Claims which must be
submitted to and processed by Executive Officer of Public Employees’ Retirement
Board or Court Administrator. [Effective January 1, 2015, if the provisions of
Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters
at the 2014 General Election.]

1. All of the following claims must be
submitted to the Executive Officer of the Public Employees’ Retirement Board
who shall process the claims:

1. All judges, clerks and employees of the
district courts, justice courts and municipal courts shall provide the Court
Administrator with any records, papers or other information that the Court
Administrator may require and shall cooperate with the Court Administrator in
every possible manner in order to effectuate the purposes of NRS 1.320 to 1.370,
inclusive.

2. Subsection 1 does not authorize
disclosure by the Court Administrator of records and papers not otherwise open
to public inspection.

NRS 1.380Duties of Court Administrator.The
Court Administrator shall serve as secretary, prepare the budget and manage the
fiscal affairs of the Commission on Judicial Selection.

(Added to NRS by 1977, 411)

NRS 1.390Compensation of members and employees.

1. Each member of the Commission on
Judicial Selection who is not a judicial officer is entitled to receive a
salary of not more than $80, as fixed by the Commission, for each day’s
attendance at each meeting of the Commission.

2. While engaged in the business of the
Commission, each member and employee of the Commission is entitled to receive
the per diem allowance and travel expenses provided for state officers and
employees generally.

NRS 1.400Regulations.The
Commission on Judicial Selection may adopt regulations for the operation of the
Commission and for maintaining the confidentiality of its proceedings and
records.

(Added to NRS by 1977, 410)

NRS 1.410Public officers and employees to cooperate with Commission.All public officers and employees of the
State, its agencies and political subdivisions and all officers of the court
shall cooperate with the Commission on Judicial Selection in any lawful
investigation or proceeding of the Commission and furnish information and
reasonable assistance to the Commission or its authorized representative.

(Added to NRS by 1977, 410)

COMMISSION ON JUDICIAL DISCIPLINE

General Provisions

NRS 1.425Definitions.As
used in NRS 1.425 to 1.4695,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 1.4253 to 1.4296,
inclusive, have the meanings ascribed to them in those sections.

NRS 1.4253“Admonish” defined.“Admonish”
means to issue a written expression of disapproval of a judge for one or more
violations of the Nevada Code of Judicial Conduct by the judge as described in NRS 1.4653. The expression of disapproval may include
a warning to the judge to avoid similar conduct in the future.

NRS 1.4257“Censure” defined.“Censure”
means to issue a formal, written condemnation of a judge for one or more
violations of the Nevada Code of Judicial Conduct by the judge as described in NRS 1.4653 that do not require the removal or barring
of the judge from office because there are substantial mitigating factors.

NRS 1.428“Judge” defined. [Effective through December 31, 2014, and after
that date unless the provisions of Senate Joint Resolution No. 14 (2011) are
approved and ratified by the voters at the 2014 General Election.]“Judge” means:

1. A justice of the Supreme Court;

2. A judge of the district court;

3. A judge of the municipal court;

4. A justice of the peace; and

5. Any other officer of the Judicial
Branch of this State, whether or not the officer is an attorney, who presides
over judicial proceedings, including, but not limited to, a magistrate, court
commissioner, special master or referee.

NRS 1.428“Judge” defined.
[Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14
(2011) are approved and ratified by the voters at the 2014 General Election.]“Judge” means:

1. A justice of the Supreme Court;

2. A judge of the Court of Appeals;

3. A judge of the district court;

4. A judge of the municipal court;

5. A justice of the peace; and

6. Any other officer of the Judicial
Branch of this State, whether or not the officer is an attorney, who presides
over judicial proceedings, including, but not limited to, a magistrate, court
commissioner, special master or referee.

(Added to NRS by 1997, 1087; A 2009, 1338;
2013, 1712,
effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14
(2011) are approved and ratified by the voters at the 2014 General Election)

NRS 1.4291“Letter of caution” defined.“Letter
of caution” means a private, written communication to a judge to:

1. Remind the judge of ethical
responsibilities;

2. Warn the judge to avoid similar conduct
in the future; or

3. Disapprove of conduct that may create
the appearance of impropriety.

1. Each member of the Commission who is
not a judicial officer is entitled to receive a salary of not more than $80, as
fixed by the Commission, for each day’s attendance at each meeting of the
Commission.

2. While engaged in the business of the
Commission, each member and employee of the Commission is entitled to receive
the per diem allowance and travel expenses provided for state officers and
employees generally.

NRS 1.440Jurisdiction over judges; appointment of justices of the peace
and municipal judges to Commission.

1. The Commission has exclusive
jurisdiction over the public censure, removal, involuntary retirement and other
discipline of judges which is coextensive with its jurisdiction over justices
of the Supreme Court and must be exercised in the same manner and under the
same rules.

2. The Supreme Court shall appoint two
justices of the peace or two municipal judges to sit on the Commission for
formal, public proceedings against a justice of the peace or a municipal judge,
respectively. Justices of the peace and municipal judges so appointed must be
designated by an order of the Supreme Court to sit for such proceedings in
place of and to serve for the same terms as the regular members of the
Commission appointed by the Supreme Court.

1. Each appointing authority shall appoint
for each position for which the authority makes an appointment to the
Commission an alternate member. The Governor shall not appoint more than two
alternate members of the same political party. An alternate member must not be
a member of the Commission on Judicial Selection.

1. Within the amount of money appropriated
by the Legislature for this purpose, employ and compensate as an employee or
contract with as an independent contractor:

(a) One or more persons to prepare the budget and
manage the fiscal affairs of the Commission and perform other duties relating
to the administration of the affairs of the Commission as the Commission
directs; and

NRS 1.460Public officers and employees to cooperate with Commission;
service of process.

1. All public officers and employees of
the State, its agencies and political subdivisions and all officers of the
court shall cooperate with the Commission in any lawful investigation or
proceeding of the Commission and furnish information and reasonable assistance
to the Commission or its authorized representative.

2. All sheriffs, marshals, police officers
and constables shall, upon request of the Commission or its authorized
representative, serve process on behalf of and execute all lawful orders of the
Commission.

1. Proceedings before the Commission are
civil matters designed to preserve an independent and honorable judiciary.

2. Except as otherwise provided in NRS 1.425 to 1.4695,
inclusive, or in the procedural rules adopted by the Commission, after a formal
statement of charges has been filed, the Nevada Rules of Civil Procedure apply.

1. On or before September 30 of each year,
the Commission shall prepare an annual report summarizing the activities of the
Commission during the preceding fiscal year. The annual report must include,
without limitation, statistical information concerning the period for
disposition of complaints and the length of time that proceedings have been
pending before the Commission, and a statement of the budget and expenses of
the Commission. The annual report must be made available to the public.

2. On or before September 30 of each
odd-numbered year, the Commission shall prepare a biennial report summarizing
the activities of the Commission during the preceding 2 fiscal years. The
biennial report must include, without limitation, statistical information
concerning the period for disposition of complaints and the length of time that
proceedings have been pending before the Commission, and a statement of the
budget and expenses of the Commission. The Commission shall file a copy of the
biennial report with the Governor, the Majority Leader of the Senate, the
Speaker of the Assembly, the Chief Justice of the Supreme Court of Nevada, the
Chair of the Senate Standing Committee on Judiciary, the Chair of the Assembly
Standing Committee on Judiciary and the State Bar of Nevada. The biennial
report must be made available to the public.

3. The information included in the annual
and biennial reports prepared pursuant to this section must comply with any and
all confidentiality requirements of applicable law and the rules of the
Commission adopted pursuant to NRS 1.4695.

1. The following persons are absolutely
immune from suit for all conduct at any time in the course of their official
duties:

(a) Any member who serves on the Commission;

(b) Any person employed by the Commission;

(c) Any independent contractor of the Commission;
and

(d) Any person who performs services pursuant to NRS 1.450 or 1.460 for the
Commission.

2. Except as otherwise provided in NRS 1.4683, the following persons are absolutely
immune from suit unless convicted of committing perjury before the Commission
pursuant to NRS 199.120 to 199.200, inclusive:

(a) A person who files a complaint with the
Commission pursuant to NRS 1.4655;

(b) A person who gives testimony at a hearing
held by the Commission pursuant to NRS 1.4673 or 1.4675; and

(c) A person who gives a statement to an
investigator of the Commission during an authorized investigation.

NRS 1.4653Circumstances under which judge may be disciplined or retired.

1. The Commission may remove a judge,
publicly censure a judge or impose other forms of discipline on a judge if the
Commission determines that the judge:

(a) Has committed willful misconduct;

(b) Has willfully or persistently failed to
perform the duties of office; or

(c) Is habitually intemperate.

2. The Commission may publicly censure a
judge or impose other forms of discipline on a judge if the Commission
determines that the judge has violated one or more of the provisions of the
Nevada Code of Judicial Conduct in a manner that is not knowing or deliberate.

3. The Commission may retire a judge if
the Commission determines that:

(a) The advanced age of the judge interferes with
the proper performance of judicial duties; or

(b) The judge suffers from a mental or physical
disability that prevents the proper performance of judicial duties and is
likely to be permanent in nature.

4. As used in this section:

(a) “Habitually intemperate” means the chronic,
excessive use of alcohol or another substance that affects mental processes,
awareness or judgment.

(b) “Willful misconduct” includes:

(1) Conviction of any crime involving
moral turpitude;

(2) A knowing or deliberate violation of
one or more of the provisions of the Nevada Code of Judicial Conduct; and

(3) A knowing or deliberate act or
omission in the performance of judicial or administrative duties that:

(I) Involves fraud or bad faith or
amounts to a public offense; and

(II) Tends to corrupt or impair the
administration of justice in a judicial proceeding.

Ê The term
does not include claims of error or abuse of discretion in findings of fact,
legal decisions or procedural rulings unless supported by evidence of abuse of authority,
a disregard for fundamental rights, an intentional disregard of the law, a
pattern of legal error or an action taken for a purpose other than the faithful
discharge of judicial duty.

1. The Commission may begin an inquiry
regarding the alleged misconduct or incapacity of a judge upon the receipt of a
complaint.

2. The Commission shall not consider
complaints arising from acts or omissions that occurred more than 3 years
before the date of the complaint or more than 1 year after the complainant knew
or in the exercise of reasonable diligence should have known of the conduct,
whichever is earlier, except that:

(a) Where there is a continuing course of
conduct, the conduct will be deemed to have been committed at the termination
of the course of conduct;

(b) Where there is a pattern of recurring
judicial misconduct and at least one act occurs within the 3-year or 1-year
period, as applicable, the Commission may consider all prior acts or omissions
related to that pattern; and

(c) Any period in which the judge has concealed
or conspired to conceal evidence of misconduct is not included in the
computation of the time limit for the filing of a complaint pursuant to this
section.

3. Within 18 months after the receipt of a
complaint pursuant to this section, the Commission shall:

(a) Dismiss the complaint with or without a
letter of caution;

(b) Attempt to resolve the complaint informally
as required pursuant to NRS 1.4665;

(d) With the consent of the judge, impose
discipline on the judge pursuant to an agreement between the judge and the
Commission; or

(e) Authorize the filing of a formal statement of
the charges based on a finding that there is a reasonable probability that the
evidence available for introduction at a formal hearing could clearly and
convincingly establish grounds for disciplinary action.

NRS 1.4657Required actions upon receipt of complaint; letter of caution.

1. The Commission shall, in accordance
with its procedural rules, examine each complaint that it receives to determine
whether the complaint alleges objectively verifiable evidence from which a
reasonable inference could be drawn that a judge committed misconduct or is
incapacitated.

2. If the Commission determines that a
complaint does not contain such allegations, the Commission shall dismiss the
complaint with or without a letter of caution. A letter of caution is not a
form of discipline. The Commission may consider a letter of caution when
deciding the appropriate action to be taken on a subsequent complaint against a
judge unless the letter of caution is not relevant to the misconduct alleged in
the subsequent complaint.

3. If the Commission determines that a
complaint does contain such allegations, the Commission shall authorize further
investigation.

1. During any stage of a disciplinary proceeding,
including, but not limited to, an investigation pursuant to NRS 1.4663 and a formal hearing, the Commission may
issue a subpoena to compel the attendance or testimony of a witness or the
production of any relevant materials, including, but not limited to, books,
papers, documents, records, photographs, recordings, reports and tangible
objects.

2. If a witness refuses to attend, testify
or produce materials as required by the subpoena, the Commission may, in
accordance with its procedural rules, hold the witness in contempt and impose a
reasonable penalty to enforce the subpoena.

3. If a witness continues to refuse to
attend, testify or produce materials as required by the subpoena, the
Commission may report to the district court by petition, setting forth that:

(a) Due notice has been given of the time and
place of attendance or testimony of the witness or the production of materials;

(b) The witness has been subpoenaed by the Commission
pursuant to this section; and

(c) The witness has failed or refused to attend,
testify or produce materials as required by the subpoena before the Commission,
or has refused to answer questions propounded to the witness,

Ê and asking
for an order of the court compelling the witness to attend, testify or produce
materials before the Commission.

4. Upon receipt of such a petition, the
court shall enter an order directing the witness to appear before the court at
a time and place to be fixed by the court in its order, the time to be not more
than 10 days after the date of the order, and then and there show cause why the
witness has not attended, testified or produced materials before the
Commission. A certified copy of the order must be served upon the witness.

5. If it appears to the court that the
subpoena was regularly issued by the Commission, the court shall enter an order
that the witness appear before the Commission at a time and place fixed in the
order and testify or produce materials, and that upon failure to obey the order
the witness must be dealt with as for contempt of court.

NRS 1.4663Appointment of investigator; designation of special counsel;
conduct, scope and written report of investigation.

1. If the Commission determines pursuant
to NRS 1.4657 that a complaint alleges objectively
verifiable evidence from which a reasonable inference could be drawn that a
judge committed misconduct or is incapacitated, the Commission shall assign or
appoint an investigator to conduct an investigation to determine whether the
allegations have merit. The Commission may designate special counsel at any
time after a complaint is filed with the Commission pursuant to NRS 1.4655.

2. Such an investigation must be conducted
in accordance with procedural rules adopted by the Commission and may extend to
any matter that is, in the determination of the Commission, reasonably related
to an allegation of misconduct or incapacity contained in the complaint.

3. An investigator assigned or appointed
by the Commission to conduct an investigation pursuant to this section may, for
the purpose of investigation, compel by subpoena on behalf of the Commission
the attendance of witnesses and the production of necessary materials as set
forth in NRS 1.466.

4. At the conclusion of the investigation,
the investigator shall prepare a written report of the investigation for review
by the Commission.

NRS 1.4665Procedures for allegation of incapacity; informal resolution of
complaint relating to incapacity; medical, psychiatric or psychological testing
by physician; burden of proof.

1. Except as otherwise provided in this
section or in the procedural rules adopted by the Commission, the Commission
shall use the same procedures with respect to allegations of incapacity as it
uses with respect to allegations of misconduct.

2. The Commission shall attempt to resolve
the following matters informally:

(a) A complaint received by the Commission which
alleges that a judge is incapacitated;

(b) A matter in which the preliminary
investigation reveals that a judge may have a physical or mental disability;
and

(c) A matter in which the judge raises a mental
or physical disability as an issue before the filing of the formal statement of
charges.

3. An informal resolution by the
Commission pursuant to subsection 2 includes, without limitation:

(a) Voluntary retirement by the judge; and

(b) If the disability can be adequately addressed
through treatment, a deferred discipline agreement pursuant to NRS 1.468.

4. In attempting to resolve a matter
informally, the Commission may request that the judge named in the complaint
submit to medical, psychiatric or psychological testing by a physician licensed
to practice medicine in this State who is selected by the Commission.

5. If the Commission is unable to resolve
the matter informally pursuant to subsection 2, the Commission shall:

(b) Unless the judge has retained counsel at his
or her own expense, appoint an attorney to represent the judge at public
expense.

6. If a judge raises a mental or physical
disability as an affirmative defense or in mitigation, the judge shall be
deemed to have consented to medical, psychiatric or psychological testing and
to have waived the psychologist-patient privilege, doctor-patient privilege,
marriage and family therapist-client privilege and social worker-client
privilege set forth in chapter 49 of NRS, as
applicable. The Commission shall require the judge to produce relevant medical
records and to submit to medical, psychiatric or psychological testing by a
physician licensed to practice medicine in this State who is selected by the
judge. If the judge refuses to produce medical records or submit to an
examination, the Commission shall preclude the judge from presenting the
medical records or evidence of the results of medical examinations conducted on
behalf of the judge and may consider the refusal as evidence that the judge has
an incapacity that seriously interferes with the performance of judicial duties
of the judge and is likely to become permanent, or as evidence contradicting
the claim of a disability by the judge as an affirmative defense or mitigating
factor.

7. If a judge raises a mental illness or
other disability as a defense or mitigating factor in a proceeding alleging
misconduct, the judge has the burden of proving by a preponderance of the
evidence that:

(a) He or she has a serious mental illness or
other disability;

(b) The mental illness or other disability caused
the misconduct;

(c) He or she has undergone or is undergoing
treatment for the mental illness or other disability;

(d) The treatment has abated the cause of the
misconduct; and

(e) The misconduct is not likely to recur.

8. The findings of a physician selected by
the Commission pursuant to this section are not privileged communications.

9. The provisions of this section do not
prohibit a judge from having legal counsel and a physician of his or her choice
present at a medical, psychiatric or psychological examination conducted
pursuant to this section.

10. The Commission shall adopt procedural
rules to carry out the provisions of this section.

NRS 1.4667Review of report of investigation; letter of caution; judge to
respond to complaint under certain circumstances.

1. The Commission shall review the report
prepared pursuant to NRS 1.4663 to determine
whether there is a reasonable probability that the evidence available for
introduction at a formal hearing could clearly and convincingly establish grounds
for disciplinary action against a judge.

2. If the Commission determines that such
a reasonable probability does not exist, the Commission shall dismiss the
complaint with or without a letter of caution. The Commission may consider a
letter of caution when deciding the appropriate action to be taken on a
subsequent complaint against a judge unless the caution is not relevant to the
misconduct alleged in the subsequent complaint.

3. If the Commission determines that such
a reasonable probability exists, the Commission shall require the judge to
respond to the complaint in accordance with procedural rules adopted by the
Commission.

1. After a judge responds to the complaint
as required pursuant to NRS 1.4667, the Commission
shall make a finding of whether there is a reasonable probability that the
evidence available for introduction at a formal hearing could clearly and
convincingly establish grounds for disciplinary action against the judge.

2. If the Commission finds that such a
reasonable probability does not exist, the Commission shall dismiss the
complaint with or without a letter of caution. The Commission may consider a
letter of caution when deciding the appropriate action to be taken on a
subsequent complaint against a judge unless the caution is not relevant to the
misconduct alleged in the subsequent complaint.

3. If the Commission finds that such a
reasonable probability exists, but reasonably believes that the misconduct
would be addressed more appropriately through rehabilitation, treatment,
education or minor corrective action, the Commission may enter into a deferred
discipline agreement with the judge for a definite period as described in NRS 1.468.

4. The Commission shall not dismiss a
complaint with a letter of caution or enter into a deferred discipline
agreement with a judge if:

(a) The misconduct of the judge involves the
misappropriation of money, dishonesty, deceit, fraud, misrepresentation or a
crime that adversely reflects on the honesty, trustworthiness or fitness of the
judge;

(b) The misconduct of the judge resulted or will
likely result in substantial prejudice to a litigant or other person;

(c) The misconduct of the judge is part of a
pattern of similar misconduct; or

(d) The misconduct of the judge is of the same
nature as misconduct for which the judge has been publicly disciplined or which
was the subject of a deferred discipline agreement entered into by the judge
within the immediately preceding 5 years.

5. If the Commission finds that such a
reasonable probability exists and that formal proceedings are warranted, the
Commission shall, in accordance with its procedural rules, designate special
counsel to sign under oath and file with the Commission a formal statement of
charges against the judge.

6. Within 20 days after service of the
formal statement of charges, the judge shall file an answer with the Commission
under oath. If the judge fails to answer the formal statement of charges within
that period, the Commission shall deem such failure to be an admission that the
charges set forth in the formal statement:

7. The Commission shall adopt rules
regarding disclosure and discovery after the filing of a formal statement of
charges.

8. By leave of the Commission, a statement
of formal charges may be amended at any time, before the close of the hearing,
to allege additional matters discovered in a subsequent investigation or to
conform to proof presented at the hearing if the judge has adequate time, as
determined by the Commission, to prepare a defense.

1. Unless a deferred discipline agreement
has been entered into with the judge pursuant to NRS
1.468, a hearing on a formal statement of charges must be held. If
practicable, the hearing must be held not later than 60 days after:

(a) The judge files an answer; or

(b) The date on which the time period for filing
an answer expires if the judge has not filed an answer and has not filed with
the Commission a request for an extension of time before the expiration of the
period for filing the answer.

2. If formal charges are filed against a
judge:

(a) The standard of proof in any proceedings
following the formal statement of charges is clear and convincing evidence.

(b) The burden of proof rests on the special
counsel except where otherwise provided by specific statute.

(c) The rules of evidence applicable to civil
proceedings apply at a hearing held pursuant to subsection 1.

3. Within 60 days after the conclusion of
a hearing on a formal statement of charges, the Commission shall prepare and
adopt written findings of fact and conclusions of law that:

(a) Dismiss all or part of the charges, if the
Commission determines that the grounds for discipline have not been proven by
clear and convincing evidence; or

(b) Impose such disciplinary actions on the judge
as deemed appropriate by the Commission, if the Commission determines that the
grounds for discipline have been proven by clear and convincing evidence.

NRS 1.4675Circumstances under which a judge may be suspended with or
without pay; hearing; appeal. [Effective through December 31, 2014, and after
that date unless the provisions of Senate Joint Resolution No. 14 (2011) are
approved and ratified by the voters at the 2014 General Election.]

1. The Commission shall suspend a judge
from the exercise of office with salary:

(a) While there is pending an indictment or
information charging the judge with a crime punishable as a felony pursuant to
the laws of the State of Nevada or the United States; or

(b) When the judge has been adjudged mentally
incompetent or insane.

2. The Commission may suspend a judge from
the exercise of office without salary if the judge:

(a) Pleads guilty, guilty but mentally ill or no
contest to a charge of; or

(b) Is found guilty or guilty but mentally ill
of,

Ê a crime
punishable as a felony pursuant to the laws of the State of Nevada or the
United States. If the conviction is later reversed, the judge must be paid his
or her salary for the period of suspension.

3. In addition to the grounds set forth in
subsection 2, the Commission may suspend a judge from the exercise of office
without salary if the Commission determines that the judge:

(a) Has committed serious and repeated willful
misconduct;

(b) Has willfully or persistently failed to
perform the duties of office; or

(c) Is habitually intemperate,

Ê and the
Commission determines that the circumstances surrounding such conduct,
including, without limitation, any mitigating factors, merit disciplinary
action more severe than censure but less severe than removal.

4. During any stage of a disciplinary
proceeding, the Commission may suspend the judge from the exercise of office
with salary pending a final disposition of the complaint if the Commission
determines, by a preponderance of the evidence, that the judge poses a
substantial threat of serious harm to the public or to the administration of
justice.

5. The Commission shall give the judge 7
days’ notice of its intention to suspend the judge pursuant to this section and
shall give the judge an opportunity to respond. The Commission shall hold a
public hearing before ordering such a suspension, unless the judge waives the
right to the hearing. The decision of the Commission must be made public.

6. A judge suspended pursuant to this
section may appeal the suspension to the Supreme Court. If a judge appeals such
a suspension:

(a) The standard of review for such an appeal is
an abuse of discretion standard; and

(b) The proceedings held at the Supreme Court
concerning the suspension must be open to the public.

7. Within 60 days after a decision by the
Commission to suspend a judge pursuant to this section, the Commission shall:

(a) Have a formal statement of charges filed
against the judge;

(b) Rescind the suspension; or

(c) Enter into a deferred discipline agreement
with the judge pursuant to NRS 1.468.

8. The Commission may suspend a judge
pursuant to this section only in accordance with its procedural rules.

NRS 1.4675Circumstances under which
a judge may be suspended with or without pay; hearing; appeal. [Effective
January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are
approved and ratified by the voters at the 2014 General Election.]

1. The Commission shall suspend a judge
from the exercise of office with salary:

(a) While there is pending an indictment or
information charging the judge with a crime punishable as a felony pursuant to
the laws of the State of Nevada or the United States; or

(b) When the judge has been adjudged mentally
incompetent or insane.

2. The Commission may suspend a judge from
the exercise of office without salary if the judge:

(a) Pleads guilty, guilty but mentally ill or no
contest to a charge of; or

(b) Is found guilty or guilty but mentally ill
of,

Ê a crime
punishable as a felony pursuant to the laws of the State of Nevada or the
United States. If the conviction is later reversed, the judge must be paid his
or her salary for the period of suspension.

3. In addition to the grounds set forth in
subsection 2, the Commission may suspend a judge from the exercise of office
without salary if the Commission determines that the judge:

(a) Has committed serious and repeated willful
misconduct;

(b) Has willfully or persistently failed to
perform the duties of office; or

(c) Is habitually intemperate,

Ê and the
Commission determines that the circumstances surrounding such conduct,
including, without limitation, any mitigating factors, merit disciplinary
action more severe than censure but less severe than removal.

4. During any stage of a disciplinary
proceeding, the Commission may suspend the judge from the exercise of office
with salary pending a final disposition of the complaint if the Commission
determines, by a preponderance of the evidence, that the judge poses a
substantial threat of serious harm to the public or to the administration of
justice.

5. The Commission shall give the judge 7
days’ notice of its intention to suspend the judge pursuant to this section and
shall give the judge an opportunity to respond. The Commission shall hold a
public hearing before ordering such a suspension, unless the judge waives the
right to the hearing. The decision of the Commission must be made public.

6. A judge suspended pursuant to this
section may appeal the suspension to the appellate court of competent
jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada
Constitution. If a judge appeals such a suspension:

(a) The standard of review for such an appeal is
an abuse of discretion standard; and

(b) The proceedings held at the appellate court
of competent jurisdiction pursuant to the rules fixed by the Supreme Court
concerning the suspension must be open to the public.

7. Within 60 days after a decision by the
Commission to suspend a judge pursuant to this section, the Commission shall:

(a) Have a formal statement of charges filed
against the judge;

(b) Rescind the suspension; or

(c) Enter into a deferred discipline agreement
with the judge pursuant to NRS 1.468.

8. The Commission may suspend a judge
pursuant to this section only in accordance with its procedural rules.

(Added to NRS by 1997, 1091; A 2007, 1428; 2009, 1345;
2013, 1712,
effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14
(2011) are approved and ratified by the voters at the 2014 General Election)

NRS 1.4677Forms of discipline.

1. Pursuant to a deferred discipline
agreement with the judge entered into pursuant to NRS
1.468 or based on a finding of misconduct following a hearing on a formal
statement of charges, the Commission may take one or more of the following
actions:

(1) Complete a probationary period
pursuant to conditions deemed appropriate by the Commission.

(2) Attend training or educational
courses.

(3) Follow a remedial course of action.

(4) Issue a public apology.

(5) Comply with conditions or limitations
on future conduct.

(6) Seek medical, psychiatric or
psychological care or counseling and direct the provider of health care or
counselor to report to the Commission regarding the condition or progress of
the judge.

(e) Bar the judge from serving in a judicial
office in the future.

(f) Impose any other reasonable disciplinary
action or combination of disciplinary actions that the Commission determines
will curtail or remedy the misconduct of the judge.

2. The Commission may publicly admonish a
judge pursuant to subsection 1 if the Commission determines that the judge has
violated one or more of the provisions of the Nevada Code of Judicial Conduct
in a manner that is not knowing or deliberate and for which there are no
aggravating factors.

3. The Commission may publicly reprimand a
judge pursuant to subsection 1 if the Commission determines that the judge has
violated one or more of the provisions of the Nevada Code of Judicial Conduct
in a manner that is:

(a) Not knowing or deliberate but for which there
are aggravating factors; or

1. Except as otherwise provided in
subsections 2 and 3, if the Commission reasonably believes that a judge has
committed an act or engaged in a behavior that would be addressed most
appropriately through rehabilitation, treatment, education or minor corrective
action, the Commission may enter into an agreement with the judge to defer
formal disciplinary proceedings and require the judge to undergo the
rehabilitation, treatment, education or minor corrective action.

2. The Commission may not enter into an
agreement with a judge to defer formal disciplinary proceedings if the
Commission has determined, pursuant to NRS 1.467,
that there is a reasonable probability that the evidence available for
introduction at a formal hearing could clearly and convincingly establish
grounds for disciplinary action against the judge pursuant to NRS 1.4653.

3. The Commission may enter into an
agreement with a judge to defer formal disciplinary proceedings only in
response to misconduct that is minor in nature.

4. A deferred discipline agreement entered
into pursuant to this section must be in writing and must specify the conduct
that resulted in the agreement. A judge who enters into such an agreement must
agree:

(c) That the agreement will not be protected by
confidentiality for the purpose of any subsequent disciplinary proceedings
against the judge,

Ê and the
agreement must indicate that the judge agreed to the terms set forth in
paragraphs (a), (b) and (c). Such an agreement must expressly authorize the
Commission to revoke the agreement and proceed with any other disposition of
the complaint or formal statement of charges authorized by NRS 1.467 if the Commission finds that the judge has
failed to comply with a condition of the agreement.

5. The Executive Director of the
Commission shall monitor the compliance of the judge with the agreement. The
Commission may require the judge to document his or her compliance with the
agreement. The Commission shall give the judge written notice of any alleged
failure to comply with any condition of the agreement and shall allow the judge
not less than 15 days to respond.

6. If the judge complies in a satisfactory
manner with the conditions imposed in the agreement, the Commission may dismiss
the complaint or take any other appropriate action.

1. The Commission may extend the
limitations on time set forth in NRS 1.425 to 1.4695, inclusive, for good cause shown.

2. The limitations on time set forth in NRS 1.425 to 1.4695,
inclusive, must be computed in the same manner as in the Nevada Rules of Civil
Procedure and the Nevada Rules of Appellate Procedure and must not include:

(a) Periods of delay at the request of or
attributable to a judge other than the judge who is the subject of a complaint;

(b) Short periods of delay that are the result of
the period between scheduled meetings of the Commission;

(c) Periods in which the judge who is the subject
of a complaint and the Executive Director of the Commission or special counsel
are negotiating an agreement; or

(d) Periods when the Commission is holding a
complaint in abeyance pending the disposition of a court case relating to the
complaint.

3. The Commission shall not dismiss a
complaint or a formal statement of charges for failure to comply with the
limitations of time set forth in NRS 1.425 to 1.4695, inclusive, unless the Commission determines such
a delay is unreasonable and the rights of the judge to a fair hearing have been
violated. The fact that an investigation has been conducted more than 24 months
after the date the complaint was filed with the Commission is prima facie
evidence of an unreasonable delay, which may be rebutted.

NRS 1.4683Confidentiality of proceedings and information and materials
related to proceedings; issuance of explanatory statements; disclosure of
certain information.

1. Except as otherwise provided in this
section and NRS 1.4675 and 239.0115, all proceedings of the
Commission must remain confidential until the Commission makes a determination
pursuant to NRS 1.467 and the special counsel files
a formal statement of charges.

2. Except as otherwise provided in this
section, before the filing of a formal statement of charges, a present or
former member of the Commission, a present or former member of the staff of the
Commission or a present or former independent contractor retained by the
Commission shall not disclose information contained in a complaint or any other
information relating to the allegations of misconduct or incapacity. Such
persons:

(a) May disclose such information to persons
directly involved in the matter to the extent necessary for a proper
investigation and disposition of the complaint; and

(b) Shall conduct themselves in a manner that
maintains the confidentiality of the disciplinary proceeding.

3. Nothing in this section prohibits a
person who files a complaint with the Commission pursuant to NRS 1.4655, a judge against whom such a complaint is
made or a witness from disclosing at any time the existence or substance of a
complaint, investigation or proceeding. The immunity provided by NRS 1.465 does not apply to such a disclosure.

4. The confidentiality required pursuant
to subsection 1 also applies to all information and materials, written or oral,
received or developed by the Commission, its staff or any independent
contractors retained by the Commission in the course of its work and relating
to the alleged misconduct or incapacity of a judge.

5. The Commission shall disclose:

(a) The report of a proceeding before the
Commission; and

(b) All testimony given and all materials filed
in connection with such a proceeding,

Ê if a witness
is prosecuted for perjury committed during the course of that proceeding.

6. Notwithstanding the provisions of this
section to the contrary, at any stage in a disciplinary proceeding, if the
judge, a third person or the person who filed a complaint with the Commission pursuant
to NRS 1.4655 has made the name of the judge
against whom such a complaint is made public, the Commission may, at the
request of the judge or on its own accord, issue an explanatory statement to
maintain confidence in the judicial system and the Commission. In such a
statement, the Commission may:

(a) Confirm or deny that a complaint has been
filed;

(b) Confirm or deny that the Commission is
conducting an investigation;

(c) Confirm that the Commission has dismissed a
complaint with or without a letter of caution; and

(d) Confirm that the Commission has entered into
a deferred discipline agreement with the judge.

7. In addition to the information
authorized pursuant to subsection 6, a statement issued by the Commission
pursuant to subsection 6 may correct any public misinformation concerning the
disciplinary proceeding, clarify the procedures of the Commission relating to
the disciplinary proceeding and explain that the judge has a right to a fair
investigation and, if applicable, a fair hearing without prejudgment. The
Commission shall submit such a statement to the judge concerned for comments
before the Commission releases the statement. The Commission is not required to
incorporate any comments made by the judge in the statement and may release the
statement as originally drafted.

8. The Commission may, without disclosing
the name of or any details that may identify the judge involved, disclose the
existence of a proceeding before it to the State Board of Examiners and the
Interim Finance Committee to obtain additional money for its operation from the
Contingency Account established pursuant to NRS
353.266.

9. No record of any medical examination,
psychiatric evaluation or other comparable professional record made for use in
an informal resolution pursuant to subsection 4 of NRS
1.4665 may be made public at any time without the consent of the judge
concerned.

10. Notwithstanding the provisions of this
section to the contrary, at any stage in a disciplinary proceeding, the
Commission may release confidential information:

(a) To the appropriate law enforcement or
prosecuting authorities if the Commission determines that it has reliable
information which reveals possible criminal conduct by a judge, former judge or
any other person;

(b) Upon request to the Board of Governors of the
State Bar of Nevada or other appropriate disciplinary authorities of the State
Bar of Nevada if the Commission determines that it has reliable information
that reveals a possible violation of the Rules of Professional Conduct by a
judge, former judge or any other attorney; or

(c) Pursuant to an order issued by a court of
record of competent jurisdiction in this State or a federal court of record of
competent jurisdiction.

11. Notwithstanding the provisions of this
section to the contrary, at any stage in a disciplinary proceeding, if a judge
or former judge signs a waiver, the Commission may release confidential
information concerning any complaints filed with the Commission pursuant to NRS 1.4655 that are pending or are closed and did not
result in a dismissal to:

(a) An agency authorized to investigate the
qualifications of persons for admission to practice law;

(b) An appointing or nominating authority or a
state or federal agency lawfully conducting investigations relating to the
selection or appointment of judges; or

(c) An agency conducting investigations relating
to employment with a governmental agency or other employment.

12. If the Commission discloses
information concerning a pending complaint to an agency or authority pursuant
to subsection 11, the Commission shall subsequently disclose the disposition of
the complaint to the agency or authority. The Commission shall send a copy of
all information disclosed pursuant to subsection 11 to the judge concerned at
the same time the Commission sends the information to the agency or authority.

(a) Upon the filing of a formal statement of
charges with the Commission by the special counsel, the statement and other
documents later formally filed with the Commission must be made accessible to
the public, and hearings must be open.

(b) If a formal statement of charges has not been
filed with the Commission and the Commission holds a hearing to suspend a judge
pursuant to NRS 1.4675, any transcript of the
hearing and any documents offered as evidence at the hearing must be made
accessible to the public.

2. Regardless of whether any formal
statement of charges has been filed with the Commission, medical records and
any other documents or exhibits offered as evidence which are privileged
pursuant to chapter 49 of NRS must not be
made accessible to the public.

3. The Commission’s deliberative sessions
must remain private.

4. The filing of a formal statement of
charges does not justify the Commission, its counsel, staff or independent
contractors retained by the Commission in making public any correspondence,
notes, work papers, interview reports or other evidentiary matter, except at
the formal hearing or with explicit consent of the judge named in the
complaint.

NRS 1.469Authorized statements by Commission when subject matter becomes
public.In any disciplinary
proceeding in which the subject matter becomes public, through independent
sources, or upon a determination pursuant to NRS 1.467
and filing of a formal statement of charges, the Commission may issue such
statements as it deems appropriate under the circumstances to:

1. Confirm the pendency of the
investigation;

2. Clarify the procedural aspects of the
disciplinary proceedings;

3. Explain the right of the judge to a
fair hearing without prejudgment;

4. State that the judge denies the allegations;

5. Explain the reasons for dismissing a
complaint; and

6. Explain why the Commission chose to
enter into an agreement with a judge pursuant to subsection 1 of NRS 1.468.

NRS 1.4694Rules to be adopted to provide for disposition of complaint or
formal statement of charges.The
Commission shall adopt rules providing for the disposition of a complaint or
formal statement of charges at any stage in a disciplinary proceeding, pursuant
to:

NRS 1.4695Rules to be adopted to establish privileged status of certain
communications.The Commission
shall adopt rules to establish the status of particular communications related
to a disciplinary proceeding as privileged or nonprivileged.

NRS 1.500Fees of interpreters and translators.Interpreters
and translators shall receive such fees as the court by whom they are employed
shall certify to be just.

[14:49:1883; BH § 2355; C § 2479; RL § 2016; NCL §
2947]

Court Interpreters for Persons Who Speak Language Other
Than English

NRS 1.510Regulations establishing program of certification of
interpreters and criteria and procedures for appointment of alternate court
interpreters; grounds for disciplinary action; order of preference for
appointment. [Effective until the date of the repeal of 42 U.S.C. § 666, the
federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and recreational
licenses for child support arrearages and for noncompliance with certain
processes relating to paternity or child support proceedings.]

1. The Court Administrator shall, in
consultation with the committee established pursuant to NRS
1.530, adopt regulations which, subject to the availability of funding,
establish:

(a) A program for the certification of court
interpreters for persons with language barriers who are witnesses, defendants
and litigants; and

(b) Criteria and procedures for the appointment
of alternate court interpreters for persons with language barriers who are
witnesses, defendants and litigants.

2. The regulations established pursuant to
paragraph (a) of subsection 1 must set forth:

(a) The specific languages for which court
interpreters may obtain certification, based upon the need for interpreters of
those languages.

(b) Any examination and the qualifications which
are required for:

(1) Certification; and

(2) Renewal of the certification.

(c) The circumstances under which the Court
Administrator will deny, suspend or refuse to renew a certificate.

(d) The circumstances under which the Court
Administrator will take disciplinary action against a certified court
interpreter or an alternate court interpreter.

(e) The circumstances under which a court may
appoint an alternate court interpreter.

(f) Except as otherwise provided in NRS 50.050, the rate and source of the
compensation to be paid for services provided by a certified court interpreter
or an alternate court interpreter.

3. An application for a certificate as a
court interpreter pursuant to paragraph (a) of subsection 1 must include the
social security number of the applicant.

4. Except as otherwise provided by a
specific regulation of the Court Administrator, it is grounds for disciplinary
action for a certified court interpreter or an alternate court interpreter to
act as interpreter in any action in which:

(a) The spouse of the court interpreter is a
party;

(b) A party or witness is otherwise related to
the court interpreter;

(c) The court interpreter is biased for or
against one of the parties; or

(d) The court interpreter otherwise has an
interest in the outcome of the proceeding.

5. The criteria and procedures established
pursuant to paragraph (b) of subsection 1 must set forth an order of
preference, subject to the direction of a court for the appointment of a
certified court interpreter before an alternate court interpreter.

6. As used in this section, “person with a
language barrier” means a person who speaks a language other than English and
who cannot readily understand or communicate in the English language.

NRS 1.510Regulations establishing
program of certification of interpreters and criteria and procedures for
appointment of alternate court interpreters; grounds for disciplinary action;
order of preference for appointment. [Effective on the date of the repeal of 42
U.S.C. § 666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]

1. The Court Administrator shall, in
consultation with the committee established pursuant to NRS
1.530, adopt regulations which, subject to the availability of funding,
establish:

(a) A program for the certification of court
interpreters for persons with language barriers who are witnesses, defendants
and litigants; and

(b) Criteria and procedures for the appointment
of alternate court interpreters for persons with language barriers who are
witnesses, defendants and litigants.

2. The regulations established pursuant to
paragraph (a) of subsection 1 must set forth:

(a) The specific languages for which court
interpreters may obtain certification, based upon the need for interpreters of
those languages.

(b) Any examination and the qualifications which
are required for:

(1) Certification; and

(2) Renewal of the certification.

(c) The circumstances under which the Court
Administrator will deny, suspend or refuse to renew a certificate.

(d) The circumstances under which the Court
Administrator will take disciplinary action against a certified court
interpreter or an alternate court interpreter.

(e) The circumstances under which a court may
appoint an alternate court interpreter.

(f) Except as otherwise provided in NRS 50.050, the rate and source of the compensation
to be paid for services provided by a certified court interpreter or an
alternate court interpreter.

3. Except as otherwise provided by a
specific regulation of the Court Administrator, it is grounds for disciplinary
action for a certified court interpreter or an alternate court reporter to act
as interpreter in any action in which:

(a) The spouse of the court interpreter is a
party;

(b) A party or witness is otherwise related to
the court interpreter;

(c) The court interpreter is biased for or
against one of the parties; or

(d) The court interpreter otherwise has an
interest in the outcome of the proceeding.

4. The criteria and procedures established
pursuant to paragraph (b) of subsection 1 must set forth an order of
preference, subject to the direction of a court for the appointment of a
certified court interpreter before an alternate court interpreter.

5. As used in this section, “person with a
language barrier” means a person who speaks a language other than English and
who cannot readily understand or communicate in the English language.

(Added to NRS by 1995, 801; A 1997, 2033; 2013, 1459,
effective on the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings)

NRS 1.520Regulations to carry out program of certification of
interpreters and establish criteria and procedures for appointment of alternate
court interpreters; imposition of fees or fines.The
Court Administrator may:

1. In consultation with the committee
established pursuant to NRS 1.530, adopt any
regulations necessary to:

(a) Carry out a program for the certification of
court interpreters.

(b) Establish criteria and procedures for the
appointment of alternate court interpreters.

2. Impose on a certified court
interpreter:

(a) Any fees necessary to reimburse the Court
Administrator for the cost of administering the program; and

(b) A fine for any violation of a regulation of
the Court Administrator adopted pursuant to this section or NRS 1.510.

NRS 1.530Committee to advise Court Administrator regarding regulations
relating to certification of interpreters and criteria and procedures for
appointment of alternate court interpreters.

1. The Chief Justice shall appoint, from a
list of recommendations submitted to the Chief Justice by the Court
Administrator, a committee to advise the Court Administrator regarding adoption
of regulations pursuant to NRS 1.510 and 1.520. The committee must consist of:

(a) A district judge;

(b) A justice of the peace or municipal judge in
a county whose population is less than 100,000;

(c) An administrator of a district court;

(d) An administrator of a justice court or
municipal court in a county whose population is less than 100,000;

(e) A representative of the Nevada System of
Higher Education;

(f) A representative of a nonprofit organization
for persons who speak a language other than English; and

(g) A person certified to act as an interpreter
for a federal court.

2. The Court Administrator is ex officio
chair of the committee.

3. Members of the committee shall serve in
that capacity without any additional compensation.

1. It is unlawful for a person to act as a
certified court interpreter or advertise or put out any sign or card or other
device which might indicate to the public that the person is entitled to
practice as a certified court interpreter without a certificate as an
interpreter issued by the Court Administrator pursuant to NRS 1.510 and 1.520.

2. No civil action may be instituted, nor
recovery therein be had, for a violation of the provisions of this section or NRS 1.510 or 1.520 or a
violation of a regulation adopted by the Court Administrator pursuant to NRS 1.510 or 1.520.

NRS 1.550Statement concerning obligation for child support required for
issuance or renewal of certificate. [Effective until the date of the repeal of
42 U.S.C. § 666, the federal law requiring each state to establish procedures
for withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]

1. An applicant for the issuance or
renewal of a certificate as a court interpreter shall submit to the Court
Administrator the statement prescribed by the Division of Welfare and
Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be
completed and signed by the applicant.

(a) The application or any other forms that must
be submitted for the issuance or renewal of the certificate; or

(b) A separate form prescribed by the Court
Administrator.

3. A certificate as a court interpreter
may not be issued or renewed by the Court Administrator if the applicant:

(a) Fails to complete or submit the statement
required pursuant to subsection 1; or

(b) Indicates on the statement submitted pursuant
to subsection 1 that the applicant is subject to a court order for the support
of a child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order.

4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that the applicant is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order, the Court
Administrator shall advise the applicant to contact the district attorney or
other public agency enforcing the order to determine the actions that the applicant
may take to satisfy the arrearage.

NRS 1.560Suspension of certificate; reinstatement of suspended
certificate. [Effective until the date of the repeal of 42 U.S.C. § 666, the
federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and recreational
licenses for child support arrearages and for noncompliance with certain
processes relating to paternity or child support proceedings.]

1. If the Court Administrator receives a
copy of a court order issued pursuant to NRS
425.540 that provides for the suspension of all professional, occupational
and recreational licenses, certificates and permits issued to a person who is
the holder of a certificate as a court interpreter, the Court Administrator shall
deem the certificate issued to that person to be suspended at the end of the
30th day after the date on which the court order was issued unless the Court
Administrator receives a letter issued to the holder of the certificate by the
district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the
certificate has complied with the subpoena or warrant or has satisfied the
arrearage pursuant to NRS 425.560.

2. The Court Administrator shall reinstate
a certificate as a court interpreter that has been suspended by a district
court pursuant to NRS 425.540 if:

(a) The Court Administrator receives a letter
issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose
certificate was suspended stating that the person whose certificate was
suspended has complied with the subpoena or warrant or has satisfied the
arrearage pursuant to NRS 425.560; and

(b) The person whose certificate was suspended
pays any fees imposed by the Court Administrator pursuant to NRS 1.520 for the reinstatement of a suspended
certificate.

NRS 1.570Renewal of certificate: Application to include information
relating to state business license; denial of renewal for unpaid debt assigned
to State Controller for collection. [Effective January 1, 2014.]

1. In addition to any other requirements
set forth in this chapter, an applicant for the renewal of a certificate as a
court interpreter must indicate in the application submitted to the Court
Administrator whether the applicant has a state business license. If the
applicant has a state business license, the applicant must include in the
application the state business license number assigned by the Secretary of
State upon compliance with the provisions of chapter
76 of NRS.

2. Certification of a court interpreter
may not be renewed if:

(a) The applicant fails to submit the information
required by subsection 1; or

(b) The State Controller has informed the Court
Administrator pursuant to subsection 5 of NRS
353C.1965 that the applicant owes a debt to an agency that has been
assigned to the State Controller for collection and the applicant has not:

(1) Satisfied the debt;

(2) Entered into an agreement for the
payment of the debt pursuant to NRS
353C.130; or